| People ex rel. Chapman v LaClair |
| 2009 NY Slip Op 05897 [64 AD3d 1026] |
| July 16, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York ex rel. Dwayne Chapman,Appellant, v Darwin LaClair, as Superintendent of Franklin Correctional Facility,Respondent. |
—[*1]
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered September 5, 2008 inFranklin County, which denied petitioner's application for a writ of habeas corpus, in aproceeding pursuant to CPLR article 70, without a hearing.
Petitioner is currently serving a lengthy term of imprisonment as a result of his conviction ofthe crimes of attempted murder in the second degree, two counts of robbery in the first degreeand criminal possession of a weapon in the second degree. His conviction was affirmed onappeal (People v Chapman, 220 AD2d 210 [1995], lv denied 87 NY2d 903[1995]). Petitioner subsequently brought this proceeding for a writ of habeas corpus claimingthat the indictment was jurisdictionally defective. Supreme Court denied the application withouta hearing and this appeal ensued.
We affirm. Habeas corpus is not the appropriate remedy for raising claims that could havebeen asserted on direct appeal or in the context of a CPL article 440 motion, even if they arejurisdictional in nature (see People exrel. Fulton v Lape, 61 AD3d 1227 [2009]; People ex rel. Forsythe v Poole, 56 AD3d 1239, 1239 [2008],lv denied 12 NY3d 701 [2009]). On the appeal of his conviction, defendant could havechallenged the validity of the indictment and apparently did so in an unsuccessful CPL article440 motion. In light of this, Supreme Court properly denied petitioner's application. Under thecircumstances presented, we find no reason to depart from traditional orderly procedure (see People ex rel. Moore v Connolly,56 AD3d 847, 848 [2008], lv denied 12 NY3d 701 [2009]).[*2]
Mercure, J.P., Rose, Malone Jr., McCarthy and Garry,JJ., concur. Ordered that the judgment is affirmed, without costs.